HHS Crackdown on Pediatric Consent Sparks New Questions for Providers

US Department of Health and Human Services (HHS)

WASHINGTON, D.C. — The U.S. Department of Health and Human Services this week launched a sweeping effort to reinforce parental rights in pediatric care, opening a federal investigation, issuing new guidance, and tightening grant conditions for health centers that treat minors.

The department’s Office for Civil Rights has begun investigating allegations that a Midwestern school vaccinated a child with a federally provided vaccine without parental consent, despite a religious exemption allowed under state law. The inquiry will review whether the school complied with requirements tied to the Vaccines for Children Program, which mandates adherence to state religious and other exemption rules when administering federally purchased vaccines.

Health and Human Services Secretary Robert F. Kennedy Jr. said the actions signal a clear directive to pediatric providers, noting that federal law and program rules are not optional. Kennedy said the department will intervene when parental consent is bypassed or when parents are excluded from decisions about their children’s care.

The Department also issued a Dear Colleague letter to health care providers reminding them that, under the Health Insurance Portability and Accountability Act’s Privacy Rule, parents with legal authority over a minor serve as the child’s personal representative and are entitled to timely access to their child’s health information. OCR is beginning compliance reviews of several large health systems to ensure providers meet those obligations.

In a parallel move, the Health Resources and Services Administration will now condition Health Center Program funding on full adherence to federal and state parental-consent requirements. Health centers must secure consent from a parent or legal guardian before delivering any service to a minor, including medical treatment, preventive care, counseling, or services involving sensitive issues such as reproductive or behavioral health. HRSA plans to issue formal notices to grant recipients outlining the requirement.

Officials said the steps are intended to reinforce long-standing legal protections amid concerns that some providers and institutions have taken inconsistent approaches to consent and information access. OCR continues to accept complaints from individuals who believe their health information privacy or civil rights have been violated.

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